Congressmen Send Inquiries to 34 App Developers Over Privacy Practices:
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A blog relating to Internet legal issues by Professor John Swinson, University of Queensland
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Privacy
Please review the following privacy materials for the next lecture.
Australia
General information - OAIC, Australian Privacy Foundation, Electronic Frontiers
How prevalent (and relevant) are privacy concerns in Australia? How would you pursue a privacy complaint?
Legislation - look at the Privacy Act and the National Privacy Principles. Are further reforms on the way?
Case reports - review (and be ready to discuss) some privacy decisions, whether made by the Federal Privacy Commissioner or the Australian Information Commissioner.
You should also be aware of relevant case law in this area - is there a right to privacy at common law? Will there be in the future?
International
Art 17 of ICCPR.
Contractual rights
Look at the privacy policy of at least 2 websites you frequently use. Do you agree to all the terms and conditions?
For example - Google, News
Cookies
Are cookies a privacy concern, or a part of everyday life?
Recent news
Google and more Google
Then Google maps - what have been the different responses around the world?
Facebook and also here
Australia
General information - OAIC, Australian Privacy Foundation, Electronic Frontiers
How prevalent (and relevant) are privacy concerns in Australia? How would you pursue a privacy complaint?
Legislation - look at the Privacy Act and the National Privacy Principles. Are further reforms on the way?
Case reports - review (and be ready to discuss) some privacy decisions, whether made by the Federal Privacy Commissioner or the Australian Information Commissioner.
You should also be aware of relevant case law in this area - is there a right to privacy at common law? Will there be in the future?
International
Art 17 of ICCPR.
Contractual rights
Look at the privacy policy of at least 2 websites you frequently use. Do you agree to all the terms and conditions?
For example - Google, News
Cookies
Are cookies a privacy concern, or a part of everyday life?
Recent news
Google and more Google
Then Google maps - what have been the different responses around the world?
Facebook and also here
International Online Shopping
U.S. stores are shipping to customers in Australia.
"International visitors are coming to American sites because of lower prices and the availability of products they cannot get in their own countries, according to Forrester. Macy’s has found that Australian shoppers are particularly interested in its trendy clothes, while Canadians want basics like coats, shoes and underwear." See NYT
What legal issues could arise for the U.S. sellers and the Australian buyers?
"International visitors are coming to American sites because of lower prices and the availability of products they cannot get in their own countries, according to Forrester. Macy’s has found that Australian shoppers are particularly interested in its trendy clothes, while Canadians want basics like coats, shoes and underwear." See NYT
What legal issues could arise for the U.S. sellers and the Australian buyers?
Wrong Takedown Demand
What happens if a person issues a copyright take down demand to a file sharing website such as Vimeo or YouTube, and it is wrong. Potential liability for unjustified threats.
See Bell v. Steele
See also: SMH Article and Note.
See Bell v. Steele
See also: SMH Article and Note.
Telephone Numbers, Domain Names and Trade Marks
Have a look at this recent decision concerning a trade mark application for a telephone number:
1-800-Flowers.Com, Inc v Registrar of Trade Marks [2012] FCA 209
This case involves a dispute between 1300Flowers and 1800Flowers.
It reminds me of the domain name decisions concerning "Phonewords". See for example:
the 1300fitness.com.au decision.
1-800-Flowers.Com, Inc v Registrar of Trade Marks [2012] FCA 209
This case involves a dispute between 1300Flowers and 1800Flowers.
It reminds me of the domain name decisions concerning "Phonewords". See for example:
the 1300fitness.com.au decision.
For Creators of Games, a Faint Line on Cloning
"Cloning the soul of a game — its gameplay mechanics, design, characters and storyline — is now commonplace in digital marketplaces like Apple’s iOS App Store and Google’s Android.
And while the app stores have offered an unparalleled opportunity for independent software makers to reach customers and make money with an innovative game, they are learning it is just as easy for another game studio to compete with a very similar game."
See Full Article
See Full Article
YAHOO Sues Facebook For Infringing 10 patents
Reuters reports Yahoo has sued Facebook for infringing 10 patents.
Article at:
http://www.reuters.com/article/2012/03/12/us-yahoo-facebook-lawsuit-idUSBRE82B18M20120312
A copy of the lawsuit, with a list of the ten patents, is available at:
http://www.scribd.com/doc/85094882/Yahoo-s-Patent-Lawsuit-Against-Facebook
Class 4 - Spam, crime and phishing
Next week we will be looking at spam, crime and phishing.
Please look at the relevant chapters of the textbook (chapter 11 and part of chapter 3) as well as the following materials.
Spam
Australian law - Spam Act 2003 (Cth)
US law - CAN-SPAM Act
EU directive - Directive on privacy and electronic communications (Article 13)
Australian Communications and Media Authority (ACMA)
Internet industry Spam Code of Practice
How effective are these laws?
Crime
Australian law - Criminal Code 1995 (Cth), Criminal Code 1899 (Qld)
Scale of cybercrime - Symantec report
Australian Federal Police
Lulzsec
Cost - here and here
Is cybercrime underreported? Australian Institute of Criminology
Phishing
Australian government - Scamwatch
Anti Phishing Working Group
Domain-based Message Authentication, Reporting & Conformance
What is the best way to respond to phishing - raising awareness, enacting legislation or cutting off scam emails before they arrive?
Please look at the relevant chapters of the textbook (chapter 11 and part of chapter 3) as well as the following materials.
Spam
Australian law - Spam Act 2003 (Cth)
US law - CAN-SPAM Act
EU directive - Directive on privacy and electronic communications (Article 13)
Australian Communications and Media Authority (ACMA)
Internet industry Spam Code of Practice
How effective are these laws?
Crime
Australian law - Criminal Code 1995 (Cth), Criminal Code 1899 (Qld)
Scale of cybercrime - Symantec report
Australian Federal Police
Lulzsec
Cost - here and here
Is cybercrime underreported? Australian Institute of Criminology
Phishing
Australian government - Scamwatch
Anti Phishing Working Group
Domain-based Message Authentication, Reporting & Conformance
What is the best way to respond to phishing - raising awareness, enacting legislation or cutting off scam emails before they arrive?
Google Play
Email from Google:
Today we introduced Google Play, a new digital content destination available on mobile devices and on the web. With Google Play, users can buy and experience books, music, movies and Android apps, available across their devices. Google Play gives our partners and the ecosystem an integrated entertainment hub for Android and Google users. As part of this launch, Google eBooks and Android Market will become part of Google Play, and users will now get their ebooks from Google Play.
In addition, customers who go to the web ebookstore will be redirected to the Google Play store. While this doesn't change the way consumers read Google eBooks, it does provide a more compelling mobile purchase experience.
We are excited about the opportunities ahead to "play" together.
Google Play team
Helpful Resources:
Google Play overview - http://play.google.com/about
Google Play brand assets - http://www.android.com/branding.html
FAQs - http://support.google.com/books/partner/bin/answer.py?answer=2494942
Today we introduced Google Play, a new digital content destination available on mobile devices and on the web. With Google Play, users can buy and experience books, music, movies and Android apps, available across their devices. Google Play gives our partners and the ecosystem an integrated entertainment hub for Android and Google users. As part of this launch, Google eBooks and Android Market will become part of Google Play, and users will now get their ebooks from Google Play.
In addition, customers who go to the web ebookstore will be redirected to the Google Play store. While this doesn't change the way consumers read Google eBooks, it does provide a more compelling mobile purchase experience.
We are excited about the opportunities ahead to "play" together.
Google Play team
Helpful Resources:
Google Play overview - http://play.google.com/about
Google Play brand assets - http://www.android.com/branding.html
FAQs - http://support.google.com/books/partner/bin/answer.py?answer=2494942
Week 3 - Internet Jurisdiction
The next class is Internet jurisdiction.
Presentation from class is here.
Please read the following:
The relevant chapter in the assigned class text.
Presentation from class is here.
Please read the following:
The relevant chapter in the assigned class text.
Sliding Scale Test:
Zippo case
Effects Test:
Calder v. Jones (US Supreme Court)
Application of Effects Test:
Weather Underground case (and complete court file for this case if interested)
Penguin Group v. American Buddha
Penguin Group v. American Buddha
Australian approach:
Dow Jones v. Gutnick (High Court of Australia)
[Defamation - including Internet cases - background information if interested]
Comment: Determining Internet Jurisdiction
What happens if the Defendant does not show up?
Bell v Steele (No 2) [2012] FCA 62 (7 February 2012) - a case that involves a film made in NY and Australia by Richard Bell from Brisbane, that was uploaded to Vimeo from Australia, and where a person in NY had the film removed from Vimeo.
Could two courts come to an inconsistent result in the same case?
See The Secret litigation:
See The Secret litigation:
Background: The Australian
Australian Trial Judge Decision
Full Court of Federal Court Decision
Note regarding US decision on jurisdiction
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